Perez v. State
Annotate this CasePetitioners Policarpio Perez and Adam Canela were convicted of murder and related offenses in circuit court. During the course of the trial, jury members sent more than thirty notes to the court, seeking clarification of testimony and asking questions relating to the case. Of those notes, six were not disclosed to counsel for the defense or the state, or to the petitioners. Petitioners appealed, challenging the failure of the trial judge to disclose jury notes in accordance with Md. Rule 4-326(d). The state agreed that the trial judge erred in not disclosing the notes. At issue was whether the error was harmless beyond a reasonable doubt. The Court of Appeals reversed and remanded, holding that the court of special appeals erred in applying a weakened harmless error test to the erroneous non-disclosure to counsel of the six substantive jury notes. The Court concluded that it was not persuaded beyond a reasonable doubt that the trial judge's failure to disclose the receipt of the jury notes to counsel did not influence the jury's verdict.
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